Concealed Carry & Firearms Safety Training Blog

A Real-Life Example of the Four Rules for the Use of Deadly Force

Tue, 15 Jun 2021 17:49:11 Z

For anyone who has attended my concealed carry class, you may have heard me discuss a real-life story about a local Albuquerque man named Charles Baca. I use this scenario as an example to review the four rules for the use of deadly force.

What happened during the Albuquerque protest in 2020?

Let’s review some of the facts about this shooting, based on video captured that day. Charles Baca was involved in a shooting near Old Town Albuquerque in the summer of 2020 during a protest to remove statues.

Statues in the area were being torn down and destroyed by civilians, not city or state officials, at least not this particular day. There is video footage showing elevated aggression and manhandling in the crowd. As this protest turned violent with words and weapons, Charles shot his personal firearm multiple times.

When Charles was arrested, he stated he felt his life was in danger. Video footage shows he was trying to run away from the scene before he pulled out his gun. In the video, you can see he shoots pepper spray to defend himself before taking out his weapon.

In this next video, you can clearly see, he was attacked by someone with a skateboard. He tried to escape and could not. At one point, three people are preventing him from leaving and he yanks a woman to the ground.

The Four Rules for the Use of Deadly Force

I like to use this example to review the events that took place and teach my students how to avoid becoming a victim if they are ever in a similar situation. First, let's review the Four Rules for the Use of Deadly Force which is clearly outlined during concealed carry training courses:

You can only use deadly force when you are in fear of grave bodily harm or death to you or someone around you.
You must be the innocent victim.
There are no lessor means to stop the threat.
There is no escape available.

Quick disclaimer: I am not here to determine innocence, guilt, or establish facts that support things one way or the other. But let’s see how the four rules apply to this situation.

Was his life in danger?

Did Baca feel his life was in danger? I’ll quickly put myself in his position. If I was being attacked by three people, two of which have weapons, and I was already hit on the head with a skateboard, I would feel my life was in danger. So, let's say yes for rule number one.

Did he have lessor means to stop the threat?

Did Baca have a lessor means to stop the threat? According to the video, he had pepper spray that was used, but it did not stop the threat. So, yes again for rule number three. He used pepper spray, but it failed to remove the threat.

Could he have escaped?

Did he have an escape route? Kind of. But did he take it? According to the video, he is clearly seen moving away from the statues and crowds but at least four people follow and at least three of them attacked him. So no, he did not have an escape route at the time he pulled his gun. So up to now, we can say, rather clearly, that he met three of four rules. He was in fear of his life, he could not escape, and he had no lessor means to stop the threat.

Was he an innocent victim?

What about the innocent victim part? If he hadn’t yanked a woman to the ground, Baca would have clearly met the remaining Rule of Use of Deadly Force and there would be little justification for charging him for a crime. However, as you can see in the video, Baca does throw a woman to the ground. That act has a clear and visible sign that tells law enforcement, judges, and potential jurors that he is not a completely innocent victim in this shooting.

Charles Baca was released from jail back in June of 2020, but he is still facing charges and has been restricted from carrying firearms and attending protests. Again, I am not here to defend nor convict Baca, I just want to study the case for others to learn and understand.

What can we learn from reviewing this case?

As a firearms instructor, it is easy for me to say, do this, don't do this, and you will be fine. I was not in Charles Baca's mind when he decided to pull his gun, I was not at the event, and I am not going to comment on my thoughts, concepts, ideas, and political ideology on this subject so I cannot judge.

What I will tell you is this. As part of any shooting investigation, the police and attorneys are going to look at all of the evidence available to them. Had Charles Baca not thrown a woman to the ground, he would have met all Four Rules of Use of Deadly Force and it would have been very difficult for the prosecutors to charge him.

Always remember the Four Rules of Use of Deadly Force

The Albuquerque example makes it so clear why you must always remember the Four Rules of Use of Deadly Force. If you follow these rules, and it can be proven that you followed them, your chances of being charged in a crime for a shooting are much lower.

You can only use deadly force when you are in fear of grave bodily harm or death to you or someone around you.
You must be the innocent victim.
There are no lessor means to stop the threat.
There is no escape available.

These rules come from the USCCA's curriculum pertaining to Rules of the Use of Deadly Force. New Mexico laws concerning escape routes and stand-your-ground rules were purposely left out of this article. To learn more about the rules and laws concerning concealed carry, stand your ground in NM, and castle doctrine in NM, please attend one of our classes.

Different Levels of Gun Training: Where Do I Start?

Fri, 17 Jul 2020 15:39:38 Z

Among the online firearms instructors’ discussions and groups, there are some common questions. How do instructors get people to attend more classes after CCW training? If students are just starting, in what order do you recommend they take classes? If their state doesn’t mandate training, how do you get people to take gun training?

Well, I don’t think my answer is THE answer, nor do I think my perspective from New Mexico will work all over the country. NRA or USCCA, choose your flavor, but the bottom line is a recommended list for gun training progression is not uncommon in the firearms training industry. Our customers ask for guidance, so we provide the best we can based on our experience, training, certifications, and so forth.

Here is an example of classes instructors recommend and the order they may recommend firearms students attend them:

NRA Refuse to be a Victim
NRA Basic Gun Safety
NRA Basic Pistol or USCCA Basic Handgun
Concealed Carry
NRA Personal Protection in the Home (or Outside the Home) or USCCA Home Defense
NRA Defensive Pistol or USCCA Defensive Shooting Fundamentals (DSF)

Sure, we can get into a “perfect world” scenario and why those lessons should be taught in that specific order—and there is a whole lot of data to support that—but, what does the customer actually want to learn? That is the question I tend to start with.

I can say the same for almost all of the firearms training courses. Novice, expert, veteran, law enforcement, security guard, teenager, and someone who has lived through eight decades… they all have one thing in common. If they are talking to me, they want to learn more about shooting guns.

I recently had a student ask me about delaying his Concealed Carry training since he had NEVER picked up a gun in his life! Now, following the list above, I would theoretically give the following advice: “Delay your CCW training until you complete the other 3 classes—which will cost you an additional $170+. And since I only offer them once a month, you’ll have to wait 3 months to attend those other classes before you attend the CCW course.” Yet I won’t advise that at all.

Instead, I will chat with the student to find out what he really wants to learn. In this case, I convinced him to first take the Concealed Carry class and rent a gun from me since he does not own one. He learned this class is designed for Concealed Carry and NOT for making him an expert or marksman. I have done this numerous times before, and it works out well. Most novice students will also try to take a Basic Handgun/Pistol course within a few months if funds allow. This particular student signed up for a follow-up Basic Handgun Shooting course.

That is the foundation of what I recommend to my students. You must first reflect on what you want to learn and what your goal is. Here are some examples:

Do you want to learn gun safety?
- Enroll in a Gun Safety Seminar.
Do you want to know the firearm really well?
- Enroll in a basic handgun course.
Do you want to defend yourself well?
- Enroll in a defensive shooting course.
Do you want to learn crime prevention and techniques to avoid bad situations?
- Enroll in a course that teaches you how to refuse to be a victim.
Do you want your Conceal Carry License? Do you want to learn conflict avoidance, conflict resolution, and federal and state laws concerning firearms and conceal carry
- Enroll in a conceal carry course.
Do you want to defend yourself at home?
- Enroll in a class that teaches personal protection in the home/home defense.

I’m not recommending that you take these classes in this exact order. Instead, these are the courses I recommend based on what students want to learn. This approach has worked for me, and it seems to work for people who attend my courses.

As for how to get students to attend your classes, my best advice is to offer high-quality training materials. Set a high standard for you as an instructor. Be professional! Learn to teach well. Students will see the quality, word will get out, and students will find you. I have found that this is not a fast process, but it works out well in the end.

If you’re an instructor, register for a ShootingClasses.com profile. You can list your courses in order to get in front of more students.

And, if you’re a firearms owner or want to learn more about firearms, you can search for a variety of firearm classes near you.

ShootingClasses.com lets you filter your search by the types of courses you are looking for based on your goals.

Interested in learning how to become a firearms instructor? You’re in the right place!